行政诉讼目的新论

目前,司法实践中行政诉讼呈现出困境状态,这与行政诉讼目的定位不准确有关。由于法院行使司法权的本质决定了行政诉讼的目的在于解决利益之争,因此应将行政诉讼的目的定位为解决行政争议。这一定位将有助于解决目前行政诉讼的困境。

Discussion on the Purpose of Administrative Litigation

At present, administrative litigation appear state of difficult position during judicial practice. This is not have nothing to define inaccurately the purpose of administrative litigation. The article conduct introspection and self-criticism about the purpose of administrative litigation. It define the purpose of administrative litigation as dispute of administration, this is not only because administrative litigation lies in solving dispute of benefit, but also it is decided by nature of judicical powers, it contributes to solve difficult position of administrative litigation after the purpose of administrative litigation is defined as dispute of administration.